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By the authority vested in me as President by the Constitution and laws of the United States of America, including the International Emergency Economic Powers Act (50 USC 1701 et sec.), National Emergency Act (50 USC 1601 et sec.), Nicaragua Investment Conditionality Act of 2018 (50 USC 1701 note), section 212(f) of the Immigration and Nationality Act of 1952 (8 USC 1182(f)), and section 301 of title 3, United States Code,
I, JOSEPH R. BIDEN JR., President of the United States of America, in order to take additional steps in connection with the national emergency declared by Executive Order 13851 of November 27, 2018 (Freezing the Assets of Certain Persons Contributing to the Situation in Nicaragua), hereby orders:
Section 1. The first preamble clause of Executive Order 13851 is amended to read as follows:
“By the authority vested in me as President by the Constitution and laws of the United States of America, including the International Emergency Economic Powers Act (50 USC 1701 et sec.) (IEPA), National Emergency Act (50 USC 1601 et sec.) (NEA), Nicaragua Investment Conditions Act of 2018 (50 USC 1701 note), Section 212(f) of the Immigration and Nationality Act of 1952 (8 USC 1182(f)), and Section 301 of Title 3, United with the states,”.
Sec. 2. Section 1 of Executive Order 13851 is amended by adding a new subsection 1(a)(i)(E) after subsection 1(a)(i)(D), to read as follows:
“(E) the arrest or prosecution of a person, including an individual or a media outlet disseminating information to the public, primarily because such person is exercising freedom of expression, including members of the press or assembly;”.
Sec. 3. Subsections 1(a)(iv)(B) through 1(a)(v) of Executive Order 13851 are replaced by new subsections 1(a)(iv)(B) through 1(a)(vi), to read at the following way:
“(B) any person whose property and interests in property are frozen pursuant to this order;
(v) are owned or controlled by, or have acted or purport to act for or on behalf of, directly or indirectly, any person whose assets and interests in assets are frozen pursuant to this order; or
(vi) work or have worked in the gold sector of the Nicaraguan economy or in any other sector of the Nicaraguan economy as determined by the Secretary of the Treasury, in consultation with the Secretary of State.”
Sec. 4. Subsection 1(b) of Executive Order 13851 is replaced by a new subsection 1(b), which reads as follows:
“(b) The following shall be prohibited:
(i) the importation into the United States of all products of Nicaraguan origin as determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Commerce;
(ii) the export, re-export, sale or supply, directly or indirectly, from the United States, or by a person of the United States, wherever located, of any item specified by the Secretary of Commerce, in consultation with the Secretary of State and the Secretary of treasury, to any person located in Nicaragua;
(iii) new investments in any sector of the Nicaraguan economy as determined by the Secretary of Finance, in consultation with the Secretary of State, by persons of the United States, wherever located; and
(iv) any approval, financing, facilitation, or guarantee by a United States person, wherever located, of a foreign person’s transaction where that foreign person’s transaction would be prohibited by this subsection if made by a United States person or within United States.”.
Sec. 5. Section 1 of Executive Order 13851 is amended by adding a new subsection 1(c) after subsection 1(b), to read:
“(c) The prohibitions in subsections (a) and (b) of this section shall apply except to the extent provided by statute, or by regulations, orders, directives, or licenses that may be issued pursuant to this order or pursuant to regulatory authorities. of exports conducted by the Department of Commerce, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order.”
Sec. 6. Section 8 of Executive Order 13851 is hereby revised to read as follows:
“Sec. 8. The Secretary of the Treasury and the Secretary of Commerce, in consultation with the Secretary of State, are hereby authorized to take such actions, including the promulgation of rules and regulations, and to exercise all powers granted to the President by the IEEPA, as may be necessary to carry out the purposes of this orders. The Secretary of the Treasury and the Secretary of Commerce may, subject to applicable law, redelegate any of these functions within the Department of the Treasury and the Department of Commerce, respectively. All executive departments and agencies of the United States shall take all appropriate action within their authority to carry out this order.”
Sec. 7. Section 9 of Executive Order 13851 is hereby revised to read as follows:
“Sec. 9. The Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Commerce, is hereby authorized to submit recurring and final reports to Congress on the national emergency declared in this order, pursuant to section 401(c) of the NEA (50 USC 1641(c )) and section 204(c) of the IEEPA (50 USC 1703(c)).”.
Sec. 8. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) powers conferred by law on an executive department or agency, or their head; or
(ii) functions of the Director of the Office of Management and Budget in relation to budgetary, administrative or legislative proposals.
(b) This order will be enforced in accordance with applicable law and subject to available funds.
(c) This order is not intended to, and does not create, any right or benefit, substantive or procedural, that any party may enforce at law or in equity against the United States, its departments, agencies, or entities, its officers, employees, or agents. , or any other person.
JOSEPH R. BIDEN JR.
WHITE HOUSE,
October 24, 2022.
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